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LJU4804
PRIVATE INTERNATIONAL LAW DUE: 31 MARCH 2022
Assignment 1 MEMO
Semester 1 2022 Unique number: - 741621
Includes /ootnotes and/or Bibliography
DOCUMENT PREVIEW
ASSIGNMENT 01
UNIQUE NUMBER: 741621
DUE DATE: -31 MARCH 2022
Read the set of facts and then answer the questions that follow:
Mr and Mrs Mooketsi got married in Mauritius in December 1982. At the time of entering into the marriage they
were both citizens of Botswana but domiciled in England. Shortly after concluding the marriage, the parties
relocated to Johannesburg (South Africa) and established a domicile there. The reason for the relocation was that
Mr Mooketsi took up an offer as marketing manager of a large retail company based in South Africa. Two
children
were born out of the marriage and Mrs Mooketsi looked after them full time. In 2017, Mrs Mooketsi instituted
divorce proceedings against Mr Mooketsi. She also claimed a redistribution of assets.
1.1 Which legal system applies to the formal validity of the marriage according to the principles of South
African private international law? (2)
1.2 1.2 Assume that redistribution of assets is classified as a divorce matter under English law and as a
proprietary consequence of marriage under South African law. Provide classification tables for lex fori and
lex causae classification. Which legal system should be applied to redistribution of assets (South African law
law)orif the via media approach to classification is followed? (15)
English
1.3 1.3 Which legal system is to be applied to divorce matters in terms of the principles of South African private
international law? (3) [20]
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